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I.P. LUND TRADING APS v. KOHLER CO.

No. CIV. A. 97-10427-NG.

118 F.Supp.2d 92 (2000)

I.P. LUND TRADING ApS and Kroin Inc., Plaintiffs, v. KOHLER CO. and Robern, Inc., Defendants.

United States District Court, D. Massachusetts.

October 6, 2000.

Attorney(s) appearing for the Case

Cornelius J. Moynihan, Jr., Steven N. Fuller, David H Gibbs, Jason C. Kravitz, Nixon Peabody, Allison E. Picott, Jason Kravitz, Nixon Peabody, Boston, MA, for Plaintiffs.

Hugh Latimer, Karyn Ablin, Wiley, Rein & Fielding, Washington, DC, Stephen H. Lash, Jager, Smith, Stetler & Arata, Boston, MA, for Defendants.

MEMORANDUM AND ORDER

GERTNER, District Judge.

I. INTRODUCTION

This case goes to the heart of the question: What is the scope of trade dress protection that a product design may be afforded under the Lanham Act?1 I.P. Lund Trading ApS ("Lund") and Kroin Incorporated ("Kroin") seek protection for what courts often call a "product configuration,...

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